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In Freedom of Religion South Africa (FOR SA’s) opinion, the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9 – 2018] needs to be opposed (or at least amended) for the following reasons:

1. The Bill, for the first time in SA’s history, criminalises certain forms of expression, despite existing laws already prohibiting hate speech.
2. The Bill defines “hate speech” wider than the Constitutional Court, and makes “hate speech” a criminal offence – clause 4(1). The offence will make any speech (as well as the distribution of such speech) that could be construed to be “harmful” on a wide range of grounds, a criminal act carrying up to a 3-year jail sentence.
3. This potentially violates the constitutional rights of religious persons and organisations to express their religious beliefs without fear of punishment or persecution, in a global context where, increasingly, various Scriptures (particularly on contentious issues) are regarded as “politically incorrect” or “offensive”, allegedly causing emotional and/or social and/or psychological harm.
4. The creation of the crime of “hate speech” for saying / distributing something which could possibly be construed as “harmful”, will have certain unintended consequences, namely the criminalisation of good / well-meaning people who may be prosecuted for saying what they sincerely believe (according to their holy texts) and sent to jail.

FOR SA’s recommendations:

1. The Bill should be scrapped;
2. Alternatively, the “hate speech” sections should be deleted from the Bill altogether;
3. Alternatively, should the “hate speech” provisions remain part of the Bill:
   1. “hate speech” should be narrowly defined in line with the Constitutional Court’s definition in Qwelane v South African Human Rights Commission; AND
   2. the Bill’s “religious exemption” clause should be strengthened to protect everyone’s constitutional right to religious expression – whether from the pulpit, or otherwise – as follows:

“the bona fide interpretation and proselytizing or espousing of any religious conviction, tenet, belief, teaching, doctrine or writings, by a religious organisation or an individual, in public or in private, to the extent that such interpretation and proselytization does not advocate hatred that constitutes incitement to cause harm, based on one or more of the grounds referred to in subsection (1)(a).”

CALL TO ACTION:

Make your submission on the Bill by:

1. Completing your personal details on the DearSA platform;
2. Indicating that you do not support the Bill;
3. Indicating that your top concern is “Freedom of religion, belief and opinion”
4. Importantly, motivating your concern by including one or more of the above reasons why FOR SA is opposing the Bill (or your own reason).